720
Syllabus
whether maintenance of each of the universities is educationally justifiable, and whether one or more of them can practicably be closed or merged with other existing institutions. Though certainly closure of one or more institutions would decrease the system's discriminatory effects, the present record is inadequate to demonstrate whether such action is constitutionally required. Pp. 741-742. (e) In addition to the foregoing policies and practices, the full range of the State's higher educational activities, including its funding of the three historically black schools, must be examined on remand under the proper standard to determine whether the State is taking the necessary steps to dismantle its prior system. Pp. 742-743. 914 F. 2d 676, vacated and remanded.
White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, O'Connor, Kennedy, Souter, and Thomas, JJ., joined. O'Connor, J., post, p. 743, and Thomas, J., post, p. 745, filed concurring opinions. Scalia, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 749.
Solicitor General Starr argued the cause for the United States. With him on the briefs were Assistant Attorney General Dunne, Deputy Solicitor General Roberts, Roger Clegg and Barbara S. Drake, Deputy Assistant Attorneys General, and Jeffrey P. Minear. Alvin O. Chambliss, Jr., argued the cause for petitioners in No. 90-6588. With him on the briefs were Lawrence Young and Robert Pressman.
William F. Goodman, Jr., argued the cause for respondents in both cases. With him on the brief were Mike Moore, Attorney General of Mississippi, and Paul H. Stephenson III and William F. Ray, Special Assistant Attorneys General.†
†Briefs of amici curiae urging reversal were filed for the State of Tennessee by Charles W. Burson, Attorney General of Tennessee, John Knox Walkup, Solicitor General, and Christine Modisher, Assistant Attorney General; for Alcorn State University by Gilbert Kujovich; for Jackson State University by Deborah McDonald and Carrol Rhodes; for the NAACP Legal Defense and Educational Fund, Inc., et al. by Julius Le-Vonne Chambers, Charles Stephen Ralston, Norman J. Chachkin, John W. Garland, Janell M. Byrd, and John A. Powell; and for the National Bar Association et al. by J. Clay Smith, Jr., and Herbert O. Reid, Sr.
Briefs of amici curiae urging affirmance were filed for the Board of Trustees of the University of Alabama by C. Glenn Powell and Stanley J.
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